Page:United States Statutes at Large Volume 50 Part 1.djvu/700

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75TH CONGRESS, 1ST SESSION-CH . 990-AUGUST 17, 1937

675 Sm . 7 . When a recovery is had in any suit or proceeding against the collector of taxes, or any person designated by him, under this Act for a wrongful distraint or any other act done by him or for the recovery of any money exacted by or pai d to him and by him paid into the Treasury of the United States in the performance, of his official duty and the court certifies that there was probable cause for the act done by the collector or the person designated by him or that he acted under the directions of the Commissioners of the District of Columbia, no execution shall issue thereon, but the amount so recovered shall, upon final judgm ent, be paid by the District of Columbia in the same manner as judgments against the said District are paid . SEC . 8 . The taxes to which this title relates shall be assessed within four years after such taxes became due and no proceeding in court without assessment for the collection of such taxes shall be begun after the expiration of five years after such taxes became due. In the case of aa false or fraudulent return with intent to evade tax or of a failure to file a return within the time required by law, the tax may be assessed or a proceeding in court for the collect ion of such tax ma y be b egun w ithout assess ment, at any time . Where the assessment of any tax to which this title relates has been made within such statutory period of limitation, such tax may be collected by distraint or by a proceeding in court only if begun within six years after the assessment of the tax . SEC . 9 . The remedies provided by this title for the collection of personal-property taxes are in addition to any other remedies avail- able for the collection of said taxes . Wr ongful distra ints, recoveries . Time provisions . False, etc ., return to evade ; delin quency , etc . Remedies herei n provided deem ed additional . TITLE II-TAXES ON INSURANCE COMPANIES

Title II-Taxes on insurance companies . SEC . 1 . On and after the 1st day of September 1937, every domestic, Licenses . foreign, or alien company organized as a stock, mutual, reciprocal, Lloyd's, fraternal, or any other type of insurance company or associa- tion, before issuing contracts of insurance against loss of life or health, or by fire, marine, accident, casualty, fidelity and surety, title guaranty, or other hazard not contrary to public policy, shall obtain from the superintendent of insurance of the District of Columbia an annual licens e or c ertifi cate o f auth ority, upon p ayment of a fee of Fee . $25 to the collector of taxes of the District of Columbia . All licenses Beginning and expi . for insurance companies who may apply for permission to do business ration . in the District of Columbia shall date from the first of the month in which application is made, and expire on the 30th day of April following, and payment shall be made in proportion . SEC . 2. Any such company issuing contracts of insurance in the Penalty clause . District of Columbia, without first having obtained license or cer- tificat e of a uthori ty fro m the superi ntenden t of i nsuran ce so to do, shall upon conviction be subject to a fine of $100 per day for each day it shall engage in business without such license or certificate of authority . SEC . 3 . All prosecut ions for violation s of thi s title s hall be i n the

Prosecutions in po- police court of the District of Columbia by the corporation counsel lice '°"' of the District of Columbia or any of his assistants . SEC . 4. Each of such companies shall file an annual statement, in ye nn ea? Sta tem ent s the form prescribed by the superintendent o f insurance, before March 1 of each year, of its operations for the year ending Decem- ber 31 immediately preceding . Such statement shall be verified by the oath of the president and secretary or in their absence by two other principal officers . The fee for filing said statement shall be $20 Filing fee . and payment therefor shall be made to the collector of taxes of the District of Columbia .